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While the Moscow Board of Adjustment approved New Saint Andrews College's conditional use permit application to allow the college to expand into the former Cadillac Jack's building on North Main Street, an appeal to the board's decision could be imminent.

Moscow's assistant community development director, Mike Ray, said his office has already fielded a number of calls and emails asking about the appeal process, and he anticipates an appeal will be made. The appeal period, which starts Tuesday, will last 10 days, meaning any objections must be filed by May 11.

Ray said the Board of Adjustment will meet at 5:30 p.m. Monday in the council chambers at City Hall to approve a relevant criteria and standards document, which will reflect the board's Tuesday decision, and finalize the conditional use permit's approval. Afterward, appeals can be filed by anyone.

To appeal, the appellant is required to submit a letter to the city stating his or her reasons for the appeal and to pay a $220 appeal fee, Ray said.

The City Council would then address the appeal. No new public testimony would be allowed at that time except for comments from the appellant, Ray said. The councilors would also refer to Tuesday night's Board of Adjustment meeting for information. Ray said the City Council would be allowed to sustain the Board of Adjustment's decision, reverse the board's decision or remand the decision back to the Board of Adjustment.

The CUP would allow NSA to convert the former CJ's building at 112 N. Main St. into a music conservatory. It would be allowed a maximum enrollment of 300 full-time equivalent students and 44 full-time equivalent faculty and staff. The facility would include five classrooms/studios, nine offices, a multi-purpose room, a student lounge and a music conservatory with seating for 680 occupants, according to the Board of Adjustment packet for Tuesday night's meeting.

NSA President Benjamin Merkle said 165 students are enrolled at the college's existing campus on Main Street.

The board approved the conditional use permit with two conditions related to parking that city staff recommended. NSA must provide 47 off-street parking spaces within approximately half of a mile of the property, subject to the approval of the zoning administrator.

NSA will be allowed to phase in the off-street parking requirement by providing 50 percent of the required parking mitigation upon occupancy of the building and the remainder when NSA's enrollment reaches 150 students, or five years from the date of the issuance of the Certificate of Occupancy of the building, whichever comes first.

Moscow Mayor Bill Lambert said he is fine with the private Christian college expanding downtown and he is happy someone plans to use the former CJ's building again. He said the proposed expansion is an emotional issue on both sides.

"It's a good use of the building as far as I'm concerned," Lambert said.

He said parking seemed to be the biggest concern and the Board of Adjustment appeared to address that with its conditions.

"I think they've been good for downtown businesses ... for restaurants and places like that," Lambert said of NSA students.

Some residents said Tuesday night that they believed colleges belong outside the Central Business Zoning District, but Lambert said he does not have a problem with allowing educational institutions downtown. He said NSA is a small school, unlike the University of Idaho.

City Councilman John Weber said his only conflict with the proposed expansion is that the former CJ's building might not be subject to property taxes. He said he would prefer to see a business that would be required to pay property taxes to occupy the building.

"Every year we're fighting the budget as all towns do and I would like to see more commercial development that pays property taxes and things like that," Weber said. "So it can be beneficial to the town as far as infrastructure and things like that."

Alyssa Hartford, Latah County senior residential appraiser, said NSA owns two buildings downtown. One of them, which fronts Friendship Square at 109 W. Fourth St., is partially exempt from property taxes since a portion of the building includes a restaurant. The other building at 409 S. Main St. is fully exempt from property taxes because it is used for educational purposes, Hartford said.

She said if NSA expanded to North Main Street, it would possibly qualify for a property tax exemption. The school could file as a property used for school or educational purposes and submit its application to the Board of County Commissioners, which would make a decision.

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Appeals to NSA college expansion could be coming - Moscow-Pullman Daily News